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Income Taxes
12 Months Ended
Dec. 28, 2013
Income Taxes  
Income Taxes

17. Income Taxes

        Significant components of the provision for income taxes are as follows (in thousands):

 
  Year Ended  
 
  December 28,
2013
  December 29,
2012
  December 31,
2011
 

Current:

                   

Domestic

  $ 4,796   $ 21,084   $ 14,468  

International

    4,093     (3,009 )   2,845  
               

Total Current

    8,889     18,075     17,313  

Deferred:

                   

Domestic

    5,591     5,444     (70 )

International

    (2,272 )   (719 )   (375 )
               

Total Deferred

    3,319     4,725     (445 )
               

 

 
$

12,208
 
$

22,800
 
$

16,868
 
               
               

        The Company's provision for income taxes differs from the expected tax expense amount computed by applying the statutory federal income tax rate to income before income taxes as a result of the following:

 
  Year Ended  
 
  December 28,
2013
  December 29,
2012
  December 31,
2011
 

Federal statutory rate

    35.0 %   35.0 %   35.0 %

Foreign tax rate benefit

    (8.2 )   (11.8 )   (11.0 )

Research and development tax credits

    (14.6 )   (0.5 )   (8.5 )

Release of prior year unrecognized tax benefits

        (8.4 )    

Intercompany technology license

        11.8     10.4  

Excess officer compensation

    1.9     1.0     3.2  

Valuation allowance

    3.8          

Nondeductible acquisition costs

    0.2     0.1     2.9  

Other

    1.6     (0.8 )   0.2  
               

 

    19.7 %   26.4 %   32.2 %
               
               

        The effective tax rate for fiscal 2013 decreased from the prior period, primarily due to the prior period tax charge related to the intercompany license of certain technology associated with the acquisition of Ember during 2012 and the recognition of the fiscal 2012 and fiscal 2013 federal research and development tax credits in fiscal 2013 as a result of the enactment of the American Taxpayer Relief Act of 2012 (the "Act") on January 2, 2013. The decrease in the effective tax rate for fiscal 2013 was partially offset by the release during the prior period of unrecognized tax benefits that were determined to be effectively settled during 2012.

        The effective tax rate for fiscal 2012 decreased from the prior period, primarily due to the release of prior year unrecognized tax benefits that were determined to be effectively settled during fiscal 2012, along with one-time nondeductible costs associated with the acquisition of Spectra Linear in fiscal 2011. The impact of these items was partially offset by the non-renewal of the federal research and development tax credit in fiscal 2012.

        Income before income taxes included the following components (in thousands):

 
  Year Ended  
 
  December 28,
2013
  December 29,
2012
  December 31,
2011
 

Domestic

  $ 41,849   $ 80,494   $ 48,282  

Foreign

    20,178     5,854     4,058  
               

 

  $ 62,027   $ 86,348   $ 52,340  
               
               

        Foreign income before income taxes increased from fiscal 2012 to fiscal 2013 predominantly due to intercompany technology license payments made by a foreign subsidiary in 2012. Foreign income before income taxes increased from fiscal 2011 to fiscal 2012 predominantly due to increases in product sales, offset in part by an increase in the intercompany technology license payments made by a foreign subsidiary.

        Deferred tax assets and liabilities are recorded for the estimated tax impact of temporary differences between the tax basis and book basis of assets and liabilities. A valuation allowance is established against a deferred tax asset when it is more likely than not that the deferred tax asset will not be realized. The Company recorded a valuation allowance of $1.7 million in fiscal 2013 related to certain state loss and research and development tax credit carryforwards. This figure is net of a valuation allowance release of $0.4 million, which was due to the expiration of certain state net operating loss carryforwards, and a reduction of $0.2 million related to an adjustment of certain acquired state net operating losses and research and development tax credit carryforwards which were fully valued, both of which were offset by changes in deferred tax assets rather than a charge to income tax expense. The Company has determined that it is more likely than not that a portion of the carryforwards will expire or go unutilized because the Company no longer expects to recognize sufficient income in the jurisdictions in which the attributes were created. No valuation allowance was recorded against other deferred tax assets for fiscal 2013 or 2012. Management believes that the Company's results of future operations will generate sufficient taxable income such that it is more likely than not that the remaining deferred tax assets will be realized.

        Significant components of the Company's deferred taxes as of December 28, 2013 and December 29, 2012 are as follows (in thousands):

 
  December 28,
2013
  December 29,
2012
 

Deferred tax assets:

             

Net operating loss carryforwards

  $ 38,399   $ 35,847  

Research and development tax credit carryforwards

    9,276     8,447  

Stock-based compensation

    6,757     8,133  

Capitalized research and development

    8,999     9,708  

Deferred income on shipments to distributors

    5,733     3,933  

Accrued liabilities and other

    8,302     7,503  
           

 

    77,466     73,571  

Less: Valuation allowance

    (3,775 )   (2,114 )
           

 

    73,691     71,457  

Deferred tax liabilities:

   
 
   
 
 

Acquired intangibles

    38,444     28,653  

Depreciation and amortization

    2,022     1,076  

Prepaid expenses and other

    1,889     1,447  
           

 

    42,355     31,176  
           

Net deferred tax assets

 
$

31,336
 
$

40,281
 
           
           

        During fiscal 2013, the Company recorded a net deferred tax liability of approximately $5.3 million related to the acquisition of Energy Micro due to differences between book and tax bases of acquired assets and assumed liabilities.

        As of December 28, 2013, the Company had federal net operating loss and research and development credit carryforwards of approximately $77.5 million and $2.1 million, respectively, as a result of the Cygnal Integrated Products, Silicon Clocks, Spectra Linear and Ember acquisitions. These carryforwards expire in fiscal years 2019 through 2032. Recognition of these loss and credit carryforwards is subject to an annual limit, which may cause them to expire before they are used.

        As of December 28, 2013, the Company had foreign net operating loss carryforwards of approximately $29.6 million as a result of the Energy Micro acquisition. These loss carryforwards do not expire and recognition is not subject to an annual limit.

        The Company also had state loss and research and development credit carryforwards of approximately $63.9 million and $11.0 million, respectively. A portion of these loss and credit carryforwards was generated by the Company and a portion was acquired through the Integration Associates, Silicon Clocks, Spectra Linear and Ember acquisitions. Certain of these carryforwards expire in fiscal years 2013 through 2033 and others do not expire. Recognition of some of these loss and credit carryforwards is subject to an annual limit, which may cause them to expire before they are used.

        At the end of fiscal 2013, undistributed earnings of the Company's foreign subsidiaries of approximately $292.3 million are intended to be permanently reinvested outside the U.S. Accordingly, no provision for U.S. federal and state income taxes associated with a distribution of these earnings has been made. Determination of the amount of the unrecognized deferred tax liability on these unremitted earnings is not practicable.

        The Company's operations in Singapore are subject to reduced tax rates through 2019, as long as certain conditions are met. The income tax benefit (expense) from the reduced Singapore tax rate reflected in earnings was approximately $2.2 million (representing $0.05 per diluted share) in fiscal 2013, approximately $(13.3) million (representing $(0.31) per diluted share) in fiscal 2012 and approximately $2.5 million (representing $0.06 per diluted share) in fiscal 2011. The impact of the reduced Singapore tax rate in fiscal 2012 reflects the recognition of prior year unrecognized tax benefits.

        The following table reflects changes in the unrecognized tax benefits (in thousands):

 
  Year Ended  
 
  December 28,
2013
  December 29,
2012
  December 31,
2011
 

Beginning balance

  $ 4,364   $ 10,943   $ 10,789  

Additions based on tax positions related to current year

    316     1,818     757  

Additions based on tax positions related to prior years

    318          

Reductions for tax positions related to prior years

        (8,397 )   (603 )
               

Ending balance

  $ 4,998   $ 4,364   $ 10,943  
               
               

        As of December 28, 2013, December 29, 2012 and December 31, 2011, the Company had gross unrecognized tax benefits of $5.0 million, $4.4 million and $10.9 million, respectively, of which $4.8 million, $4.1 million and $9.9 million, respectively, would affect the effective tax rate if recognized. During fiscal 2013, the Company had gross increases of $0.6 million. During fiscal 2012, the Company had gross increases of $1.8 million to its current year unrecognized tax benefits, as well as a gross decrease of $8.4 million to its prior year unrecognized tax benefits related to an uncertain tax position that was determined to be effectively settled. A portion of these amounts in fiscal 2012 represents foreign currency remeasurement adjustments and was recognized in other income (expense), net.

        The Company recognizes interest and penalties related to unrecognized tax benefits in the provision for income taxes. The Company recognized less than $0.1 million of interest in the provision for income taxes in fiscal 2013. The Company did not recognize interest in the provision of income taxes in fiscal 2012 and 2011. The Company has an accrual of less than $0.1 million for the payment of interest related to unrecognized tax positions at the end of fiscal 2013, with no such accrual at the end of fiscal 2012 and 2011.

        The Company believes it is reasonably possible that the gross unrecognized tax benefits will decrease by approximately $1.5 million in the next 12 months due to the lapse of the statute of limitations applicable to a tax deduction claimed on a prior year foreign tax return.

        The tax years 2006 through 2013 remain open to examination by the major taxing jurisdictions to which the Company is subject. The examination of the Company's 2009 through 2011 federal income tax returns by the U.S. Internal Revenue Service was completed during the third quarter of 2013 with no material impact on the Company's financial statements. The Company is not currently under audit in any other major taxing jurisdiction.